These Terms of Service govern your access to and use of the MyBabysitter.my website (the “Site”) and any services (hereafter known as the “Services”) that are provided. This is a legal agreement between you and MyBabysitter.my (“we”, “us” or “MyBabysitter.my”).
The Service is operated by Defend Networks Sdn Bhd (Registration no.: 878404-X), owner of http://www.MyBabysitter.my, or any subdomain.
You are agreeing that you have read, understand, and agree to be bound by these Terms of Service by signing up or logging in the Site.
If you do not agree or are unable to agree to be bound by these Terms of Service, do not use the Site.
We may modify these Terms of Service from time to time. When changes are made, we will make the revised version available on this webpage, and will indicate at the top of this page the date that revisions were last made. Your use of the Site after such posting will constitute acceptance by you of such changes.
1. NATURE OF OUR SITE AND SERVICES
The Site provides a venue for people seeking babysitting services (“Parents”) to connect with people who want to provide those services (“Babysitters” and collectively with Parents, “Users”). MyBabysitter.my is not a referral, matching or placement service and does not provide, refer, place, offer or seek to obtain employment or engagements for any of its Users.
MyBabysitter.my has no obligation to screen or verify the identity or background of any User. MyBabysitter.my does not screen or verify the training or experience of any of the Users, including Users who have Subscriptions, or any content submitted by a User or anyone other than MyBabysitter.my (“User Content”), including but not limited to User Profiles and Reviews. MyBabysitter.my has no control over the accuracy, reliability, completeness or timeliness of Profiles, Reviews, background check information, affiliations or other User Content submitted on the Site, and makes no representations about any such User Content on the Site.
MyBabysitter.my further makes no representations about the Babysitters or the Parents. You should make your own assessments of the persons you decide to interact with, engage or provide services to.
Transactions Are Solely Between Users. WE ARE NOT INVOLVED IN THE TRANSACTIONS BETWEEN BABYSITTERS AND PARENTS. Users arrange for the services solely between themselves, and MyBabysitter.my is not a party to any of those arrangements. MyBabysitter.my does not have control, supervise or provide any training or equipment to the Babysitters, and has no control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of the services provided by Babysitters. Because we are not involved in User-to-User dealings or control the behaviour of Users, Users must resolve any issues, disputes or concerns directly with each other, including any issues regarding payments to a Babysitter or services received by a Parent.
MyBabysitter.my is not an employment service and does not serve as an employer of any User. As such, Users are solely responsible (and MyBabysitter.my is not responsible), for any tax, withholding or reporting, including, but not limited to, unemployment insurance, social security or payroll withholding tax or income reporting in connection with any services provided by Users. You understand and agree that if MyBabysitter.my is found to be liable for any tax, withholding tax or reporting obligation in connection with any services provided or received by you, then you will immediately reimburse and indemnify MyBabysitter.my for all costs, expenses and liabilities (including any interest and penalties) relating to the same.
If requested by MyBabysitter.my, you agree to provide MyBabysitter.my with such identification documents (including copies of passports and driver’s licenses) or other information as may be needed or requested by MyBabysitter.my.
Our services are available only to, and may only be used by:
If you are a Parent:
- You are an individual at least 18 years of age and at least the legal age to form legally binding contracts under applicable law.
- You and each member of your household (a) have/has never been convicted of, or is/are currently pending trial for, any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, and (b) have/has not been and are/is not currently required to register as a sex offender with any government entity.
If you are a Babysitter:
- You are an individual at least 18 years of age and at least the legal age to form legally binding contracts under applicable law.
- You have the legal right to work in Malaysia; and
- Criminal History. You (a) have/has never been convicted of, or is/are currently pending trial for, any felony or misdemeanor, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, and (b) have/has not been and are/is not currently required to register as a sex offender with any government entity.
MyBabysitter.my HAS NO OBLIGATION TO CONDUCT BACKGROUND OR VERIFICATION CHECKS ON ITS USERS. However, we reserve the right to conduct such checks and/or to verify your account and registration information and the representations and warranties you have made, which may include, without limitation, our using third party service providers to conduct criminal background checks or identity verification checks or to perform other background or verification services, and, using available public records, including information available on online social networks and other online sources, each to the extent permitted by law.
USER AGREES TO RELEASE MyBabysitter.my AND MyBabysitter.my’S AFFILIATED PARTIES FROM ANY CLAIMS REGARDING ANY MISSTATEMENTS AND MISREPRESENTATIONS MADE BY ANY USERS OF THIS SITE. (“Affiliated Parties” means MyBabysitter.my’s officers, directors, members, agents, assignees, representatives, marketing partners, licensors, independent contractors and employees.)
3. USE OF SITE AND SERVICES.
As a User, you are responsible for maintaining the confidentiality of your password and account login, and you are solely responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account.
Your account is for your own personal use, and you may not permit anyone else to use your account. Your account may not be transferred or sold to another party.
You may not transmit any chain letters, junk or spam e-mail to other Users, or use any information obtained from the Site to harass, abuse or harm another person. To protect Users from such activity, we reserve the right to take appropriate actions, including, but not limited to, terminating Subscriptions and/or accounts or blocking users with certain IP addresses from accessing the Site.
You may from time to time receive personal information of another User. For example, upon confirmation of a booking, Users will be provided with each other’s contact information. Any personal information you receive may only be used for the specific purpose it was provided to you in connection with the Site and the Services. Babysitters may not contact Parents, and Parents may not contact Babysitters, for any purpose other than asking a question, providing information, or making arrangements related to a booking on the Site.
We may in our sole discretion change some or all of our services at any time In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in RM (Ringgit Malaysia). You are responsible for paying all fees associated with using our service and the Site and all applicable taxes.
You are prohibited from violating or attempting to violate any security features of the Site or Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Services, the Site, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of malware, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by MyBabysitter.my in providing the Site or Services. Any violation of system or network security may subject you to civil and/or criminal liability.
4. USER CONTENT AND CONDUCT
You are solely responsible for the contents you post on the Site or transmit to other Users, and once posted or transmitted, cannot always be withdrawn. You must ensure that your content does not violate any applicable laws or regulations. You must not transmit through the service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. You must also not transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation.
We may, but we have no obligation to, monitor User Content submitted on the Site. We may remove any such information, and material that in our sole opinion either (i) violates, or may violate, any applicable law or either the letter or spirit of these Terms of Service, (ii) might be offensive, illegal or that might violate the rights, harm, or threaten the safety of Users or others, or (iii) is determined to be inappropriate for any other reason at the sole discretion of MyBabysitter.my.
Parents will have the opportunity to provide Reviews about Babysitters they have used. Reviews should not include any personal information about a Babysitter that is not disclosed in the Babysitter’s public Profile. Reviews should be limited to your first-hand experience (not what you heard from someone else) and should be factually accurate. As with other User Content, we reserve the right to remove any Review that we feel, in our sole discretion, violates these guidelines.
5. RIGHTS TO SUSPEND OR TERMINATE
You agree that MyBabysitter.my, in its own discretion, may terminate or suspend your Subscription and/or account and your access to the Site immediately or without notice.
6. PROMOTIONAL AND MARKETING
You acknowledge and agree that MyBabysitter.my may from time to time work with our partners to send you advertisements, promotional messages and marketing materials. The materials may be from us or from 3rd parties. MyBabysitter.my will for all practical purpose allows Users to unsubscribe from receiving such materials.
If any disputes or disagreements arise between a Parent and a Babysitter relating to the services provided by Babysitter or payments made by or due from Parent, the Parent and the Babysitter are responsible for resolving any such disputes directly with each other.
8. NO AGENCY
You and MyBabysitter.my are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
MyBabysitter.my can disclose your user ID, full name, MyKad details, phone number, email, and company registration details to authorities and rights owner as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.
10. NO WARRANTY
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE THE WWW.MyBabysitter.my.MY WEBSITE AND OUR SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESSED OR IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
11. LIMIT OF LIABILITY
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
Indemnity. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
This Agreement shall be governed in all respects by the laws of Malaysia. As such, laws are applied to agreements entered into and performed entirely within Malaysia and between Malaysian residents. Both parties submit to jurisdiction in Malaysia and further agree that any cause of action arising under this Agreement shall be brought exclusively to a court in Malaysia. MyBabysitter.my does not guarantee continuous, uninterrupted or secure access to our services, and the operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only, and in no way define, limit, construe or describe the scope or extent of such sections. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.